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An examinee is assigned a persuasive brief opposing summary judgment. The task memo asks for the argument section only. The Library states that summary judgment must be denied when the record permits a reasonable factfinder to resolve a material fact for the nonmoving party. The File contains deposition testimony, an inspection log, a manager's email, and a photograph. Some facts help show notice of a recurring hazard; one deposition answer hurts the client because the plaintiff admits she did not see water before falling.
The examinee makes this outline: "Facts, Case 1, Case 2, Plaintiff, Defendant, Conclusion." The examinee then begins drafting long summaries of each document.
Explain how the outline should be improved. Address rule-to-fact mapping, element or issue headings, treatment of helpful and harmful facts, adaptation to a persuasive brief, and the risk of spending too much time on a document-by-document outline.